HINDU LAW

• Hindu Law is a family Law or Personal Law? Why? How many sets of
family law in India?
• What is Hindu Law
• Hindu Law is not Lex-Loci
• Sources & schools of Hindu Law
• Information On Hindu Code Bill
• Introduction to 1st Hindu Law i.e. Hindu Marriage Act,1955
• Concept of Marriage
• Purpsose of Marriage
• Kinds of Marriage
 HINDU FAMILY LAW
1. Hindu Marriage Act 1955
2. Hindu Succession Act, 1956
3. Hindu Adoption and Maintenance Act, 1956
4. Hindu Minority and Guardianship Act, 1956
SOURCES OF HINDU LAW
Shruti
Judicial
Ancient Modern decisions
smritis

Digest and legislation

commentaries
customs
 Shruti: RigVed Smriti: Manusmriti:-
Hindus Sages
believed Yajur Ved wrote on
it their own Yajnavalkya smriti
contains way with
precious Sama Ved the help
words of of their
Narada smriti
God memory
Atharva Ved

The essence of Vedas are: The way of the life Smriti’s contains the Rights of Individuals
And gave family as a basic unit of society
 DIGESTS AND COMMENTARIES
• MITAKSHARA
• By Vignaneshwara
• Written based on Yajnavalkya smriti
• It is orthodox school
• No rights to women
• Joint Property passes by survivorship
to the other male members of the
familiy
• Followed in Mithila, Banaras,
Dravida & Maharasta
• DAYABAGA
• By Jimutvahana
• Written not based on any specific
smriti and shruti but digest of all
• It is a reformist School
• More rights to women, share of
deceased male member goes to his
widow in default of closed heir
• Joint property rights are acquired by
inheritance or by will
• Only prevalent in Bengal
• The Mitakshara and Dayabhaga Schools differed on important issues
as regards the rules of inheritance. However, this branch of the law is
now codified by the Hindu Succession Act, 1956, which has dissolved
the differences between the two.
• Now, the main difference between them is on joint family system.
Mitakshara- Rights in the joint family property is acquired by birth, and
as a rule, females have no right of succession to the family property.
The right to property passes by survivorship to the other male
members of the family.
• Dayabhaga- Rights in the joint family property are acquired by
inheritance or by will, and the share of a deceased male member goes
to his widow in default of a closed heir
 Custom
Usage • Cystallized practices followed for
considerable time period
Traditon
• Custom is considered as higest Customs passed generation to
Repetive Acts Dharma generation
• Under sec 3 of H.M.A custom is
defined.
 MODERN SOURCES
Judicial decisions and Legislations
• In modern Era India is under British control and britishers brought court systems like England and
through this courts Judicial judgments and decisions are rendered and they became the law of
the India
• Legislations :- Main purpose is “Have a uniform law for every one”
• In 1944 under the chairman ship of sir B.N Rau a Hindu committee was formed. The object of the
committee was to form a uniform code for all Hindus in India.
• The bill was introduced in the Legislative Assembly in 1947 and was referred to a select
committee of the constituent Assembly on 9th April the select committee submitted its report on
29th August but could not pass the bill. The reason is opposition from people stating their law will
be affected.
• Actually the object of uniform Hindu code is eliminate the different schools like Mitakshara and
Dayabagha and to establish uniform rules governing Hindu family matters.
• Later finally after all deliberations and with conseus of the people finally they could pass The
Hindu Marriage Act on 18 th may 1955
 Hindu Marriage Act ,1955
• When it is enacted and when it is came into force 18th may 1955
• How many sections 30
• How to read this act: Divide into 6 chapters
• Marriage: Legally recognized union of men and women is known as
Marriage
• Marriage confers the matrimonial status to both husband and wife which
provides the rights and obligations towards each other
• PURPOSE OF MARRIAGE
• KINDS OF MARRIAGE A) Monogamy and Bigamous
• Hindu marriage Act applicable to monogamous marriage